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MATTER OF SIMMONS v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

508682.

80 A.D.3d 919 (2011)

915 N.Y.S.2d 676

In the Matter of ALPHONSO SIMMONS, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 13, 2011.

STEIN, J.

In 2008, petitioner placed third in an election for two inmate representative seats on Attica Correctional Facility's Inmate Grievance Resolution Committee (hereinafter IGRC), rendering him an alternate inmate representative (see 7 NYCRR 701.4 [b] [3] [i]). Following the transfer of one of the elected representatives, the IGRC appointed a new representative with the facility superintendent's consent (

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